Hockey club still waiting for decision on violations
April 14, 2004
A Wednesday hearing to determine if ISU Men’s Ice Hockey has been misusing university trademarks yielded only name-calling and two greatly differing accounts of trademark violations.
A decision will be handed down from the All University Judiciary Committee within five business days, said Jon Tollefson, professor of entomology, who administered the almost seven-hour hearing. ISU Men’s Ice Hockey faces three charges from the Office of Judicial Affairs: contempt, misuse of identification and falsification and violation of conditions of regulation.
The issues between the Iowa State University Research Foundation (ISURF) and the organization were first addressed in July 2003 and brought to Judicial Affairs in August, said Leesha Zimmerman, program assistant for ISURF. Zimmerman said she has been working with the group about compliance for several years.
She said on Aug. 27, she outlined specifications for advertising used by the club, based on an offensive ad. She said she sent a copy of the ad to Judicial Affairs and a letter Sept. 9 to ISU Men’s Ice Hockey.
Following the first incident, there were other ads, which Zimmerman said were not submitted for approval by ISURF. According to the guidelines for trademark use by student organizations, ISURF monitors the use of identifying marks in advertising.
The university, represented by Doug Houghton, program manager for public safety, presented several ads that appeared in newspapers, including the Iowa State Daily and Toons.
ISURF does not usually require organizations to get ads approved, but required the hockey club to because of prior difficulties, Zimmerman said.
Trademark issues also involved jerseys worn in several games.
The jerseys were not ordered, but taken from the stock of replica jerseys sold at the team’s souvenir stand, because the team did not have the budget for new uniforms and their other jerseys were six years old, said Al Murdoch, the team’s coach.
The team has never put the club’s registered name, ISU Men’s Ice Hockey or the word “club” on their jerseys partially because of an American Collegiate Hockey Association guideline, Murdoch said.
“I guess as far as ACHA is concerned, will questions be asked, yes,” he said.
They could also be asked to leave the league as a result of putting the word “club” on their jerseys. The hockey club alleged ISURF was too critical of their use of university trademarks.
“Hockey had to have most of the things, if not everything, approved by Miss Zimmerman,” said John Robyt, the team’s adviser.
ISURF officials said they were being cooperative in regard to trademark use.
“As long as it complies with guidelines, we’ll approve,” said Donna Johns, program coordinator for ISURF.
ISURF asked the club to include additional language differentiating themselves from the athletic department and the NCAA.
Brent Pringnitz, an all university judiciary committee member, pointed out the pep band wears jerseys similar to hockey souvenir jerseys when they are performing, which the hockey club confirmed as actual jerseys.
Zimmerman responded the pep band would be in violation.
ISU Men’s Ice Hockey said it was being picked out from the stack of 600 student organizations.
“We are being isolated from other student organizations. I don’t think that’s fair,” said Andrew Hancock, the club’s co-president.
The university agreed, but said it was because hockey has a larger budget than other sports clubs.
“Hockey is different,” Houghton said.
The club has an operating budget of $300,000, while the whole of the student sports clubs has an operating budget of $600,000, Murdoch said.
There were also issues regarding letterhead. The club was informed in the Sept. 9 letter the letterhead they had been using was not approved by ISURF and violated guidelines by using the Cyclone logo and copyrighted words.
Murdoch said the letterhead was changed after Sept. 9.
Zimmerman said a different letterhead, still using the word “Cyclone,” was sent out as a recruitment letter.
After these incidents, the university began work on the case and imposed sanctions on ISU Men’s Ice Hockey after a hearing Jan. 16, indicating it could not practice, which brought the charge of contempt.
On Jan. 18, the hockey club began the appeals process to the first hearing.
Several representatives from the club said they believed they could practice during the appeals process and were worried for the players’ safety if they did not.
Bethany Schuttinga, assistant dean of students, said she imposed the sanction to force the club into compliance.
“The goal was compliance,” she said. “I knew that ice time was very important for them.”
The hearing ended with Houghton suggesting he had proposed sanctions for the group, but the committee refused to hear them. Houghton still indicated he believed the group should be suspended indefinitely.
“I believe the sanctions in this case need to be serious,” Houghton said.
ISU Men’s Ice Hockey reiterated it had tried to comply with ISURF, but found the staff unreachable.
“The reality of the situation is they are not [available for help]. I’ve called numerous times, sent numerous e-mails and received no assistance from ISURF,” Hancock said. “I am asking for cooperation from ISURF. I’m asking to work together.”